Thông tư liên tịch 01/2012/TTLT-BCT-BTC

JOINT CIRCULAR

ON AMENDING AND SUPPLEMENTING A NUMBER OF PROVISIONS OF THE JOINT CIRCULAR No. 14/2009/TTLT-BCT-BTC OF JUNE 23, 2009 OF THE MINISTRY OF INDUSTRY AND TRADE AND THE MINISTRY OF FINANCE GUIDING THE CERTIFICATION OF AND PROCEDURES FOR IMPORT AND EXPORT OF ROUGH DIAMONDS FOR THE PURPOSE OF IMPLEMENTING THE KIMBERLEY PROCESS CERTIFICATION SCHEME

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 44/2011/ND-CP of June 14, 2011 amending and supplementing Article 3 of  the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Kimberley Process Certification Scheme for rough diamonds, concluded on November 5, 2002, in Interlaken, Switzerland;

Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Notification No.PK_P/006/05/2011 of May 26, 2011 of the Chair of Kimberley Process Certification Scheme on approving the addition of Swaziland to the list of Kimberley Process Certification Scheme Participants;

In furtherance of the Prime Minister's Directive No. 1600/2002/CT-QHQT-VPCP of December 13, 2002, on Vietnam's participation in the Kimberley Process Certification Scheme for import and export of rough diamonds;

Pursuant to the Government's Resolution No.68/NQ-CP of December 27, 2010 on simplifying administration procedures within the functions of the Ministry of Finance;

The Minister of Industry and Trade and the Minister of Finance jointly amending and supplementing  a number of provisions of the Joint Circular No. 14/2009/TTLT-BCT-BTC of June 23, 2009 of Ministry of Industry and Trade and the Ministry of Finance guiding the certification of and procedures for import and export of rough diamonds for the purpose of implementing the Kimberley Process Certification Scheme (hereinafter referred as Joint Circular No. 14/2009/TTLT-BCT-BTC) as follows:

Article 1. To amend point a, clause 1, Article 12, Section II as follows:

One (01) copy of the KP Certification issued by a competent agency of the export country (such copy shall be signed and stamped by the head or the attorney of trader for authenticating copy from the original, and enclosed with the original for comparison).

Article 2. To amend clause 1, Article 14, Section III as follow:

1) Regarding to traders

When carrying out procedures of applying for KP Certificates for exported shipments of rough diamonds, a trader shall submit to the Import-Export Management Section the following:

a/ An application for KP Certificate, committing that exported rough diamonds are not conflict diamonds (the original signed and stamped by the head or attorney of the trader);

b/ A declaration of KP Certificate completely filled in under the guidance in Annex VII comprising one (1) original and three (3) copies;

c/ The KP Certificate issued by the competent agency of the export country with import confirmation by the Import-Export Management Section;

d/ Commercial invoice (a copy signed, stamped and certified true copy from the original by the head or the attorney of trader, and enclosed with the original for comparison);

g/ Packing slip (a copy signed, stamped and certified true copy from the original by the head or the attorney of trader, and enclosed with the original for comparison);

h/ Processing contract and processing norms already registered with customs authorities (a copy signed, stamped and certified true copy from the original by the head or the attorney of trader, and enclosed with the original for comparison);

Article 3. To supplement Article 15a after Article 15, as follows:

“Article 15a. Submission of Customs declaration and Bill of lading

1. Traders shall, within fifteen (15) working days as from the date the customs procedures for the exported shipment of rough diamond is completed, submit to the Import-Export Management Section the export customs declaration for which customs procedures have been completed and bill of lading or other equivalent transport documents (a copy signed, stamped and certified true copy from the original by the head or the attorney of trader, and enclosed with the original for comparison).

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Article 4. To supplement the List of KPSC Participants in Annex I issued under the Joint Circular No. 14/2009/TTLT-BCT-BTC as follows:

No.: 49, Name of country: Swaziland, abbreviation: SZ.

Article 5: Effect

This Joint Circular takes effect as from date of February 18, 2012.